AI and the question of hidden regulatory power

Governments face considerable budgetary constraints and a growing complexity of daily live. It should therefore not come as a surprise that they are embracing modern technology to cope with these challenges. Governments administrations are increasingly using algorithmic systems to inform, assist or make decisions. This trend is unlikely to stop as such systems promise to make decision-making both more effective and efficient. Nevertheless, the use of algorithmic systems is not the panacea. In fact, if a system is designed to inform, advice or make individual decision-making, it means that it will embed a series of rules to process the data and reach an outcome. Or in case of decisions, as those rules are supposed to apply to the generality of the individuals for which individual decisions will be made, the question rises if those rules may have a regulatory character. This question and the problems that come with it will be explored.